US design patent rules remain intact, but judicial split tees up next challenge (update*)
By Melissa Ritti ( August 12, 2026, 22:22 GMT | Comment) -- Refusal by the full US Court of Appeals for the Federal Circuit to reconsider its approach to design patent infringement preserves the ability of district courts to assess visual similarity and functionality before trial. Four dissenters, however, have given patent owners a roadmap for challenging that allocation of authority before the US Supreme Court, which will confront a parallel judge-jury question in trademark law in the next term.A sharply divided Federal Circuit on Tuesday preserved a design patent infringement framework that gives judges wide latitude to assess visual similarity and functionality before a case ever reaches a jury....
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